QUESTIONS AND ANSWERS ABOUT
MAGISTRATE
JUDGES

Q: What are magistrate judges?

A U.S. magistrate judge is a judicial officer of the district court
and is appointed by majority vote of the active district judges of the court.
A U.S. magistrate judge is appointed based upon the recommendations of a citizen's
merit screening committee. A U.S. magistrate judge exercise jurisdiction over
matters assigned by statute as well as those delegated by the district judges.
A full-time magistrate judge serves a term of eight years. Duties assigned to
magistrate judges by district court judges may vary considerably from court
to court. The office is authorized by28
U.S.C. § 631.

Q: What are district judges?

District court judges are nominated by the President and confirmed
by the United States Senate, as stated in Article III of the U.S. Constitution.
Article III of the Constitution states that these judicial officers are appointed
for a life term. The names of potential nominees often are recommended by senators
or sometimes members of the House who are of the President's political party.
The Senate Judiciary Committee typically conducts confirmation hearings for
each nominee, and the vote for confirmation is presented to the entire Senate.

"Magistrate Judge. Lynn H. Agnello; Judge Agnello; the judge. If there
is a risk of confusion with a district judge, in later references make it
Magistrate Judge Agnello or the magistrate judge." p. 198 (1999)

Confusion arises because the position was "U.S. Magistrate" until
redesignated as "United States Magistrate Judge" in 1991. Some
of the misnomers we see include "United States District Court
Magistrate," "U.S. Magistrate," "federal
magistrate," and "magistrate."

Q: What is the history of the magistrate judge system?

The current magistrate judge system was begun by Congress in 1968
expanding on the 175 year old United States commissioner system.. In 2002, in
addition to the 486 full-time magistrate judge positions authorized there were
51 part-time judges and 3 combination clerk of court/magistrate judges who serve
four year terms.

Q: What workload is performed by the magistrate judges nationally?

Magistrate judges perform a wide range of duties in civil and criminal
cases.
In civil cases, they will hear pre trial motions, conduct settlement
and pre trial conferences, and may, on assignment, handle dispostive motions and, with the consent of the parties, may conduct the trial.
In criminal cases, they will handle most pre-trial matters, including
initial appearance of a defendant before a judge, arraignment on charges, including
taking a plea of guilty or not guilty, and determining whether the defendant
should be detained or released pending trial. Magistrate judges handle all petty
offense cases and most misdemeanor cases.
Magistrate judges also handle appeals from social security decisions and most
petitions by prisoners for review of their convictions, and conditions of confinement.

Year Ending 9/30/02

CIVIL

Pre Trial

Motions

191,984

Settlement Conferences

24,420

Pre Trial Conferences

53,371

Consent Cases

12,710

Jury Trials

472

Non Jury Trials

487

CRIMINAL

Petty Offense & Misdemeanor

72,109

Felony Pre Trial

Motions

85,693

Pre Trial Conferences

13,532

Evidentiary Hearings

1,899

Initial Appearance, Arraignment, Detention Hearings

293,002

Prisoner Cases

25,235

Social Security Cases

6,654

Q: What are the inherent powers of magistrate judges?

A magistrate judge may handle some preliminary and post-judgment matters in
civil cases under DUCivR
72-2(a) and DUCrimR
57-15. These matters, such as civil case scheduling
conferences and supplemental and collection proceedings and criminal case
initial appearances and detention hearings, do not require a
reference.

28
U.S.C. § 636 (a) provides that Magistrate Judges have limited inherent powers
including issuance of orders of release or detention of persons pending trial,
entry of sentence for a petty offense or for a class A misdemeanor in a case
in which the parties have consented; administration of oaths and affirmations,
and taking acknowledgements, affidavits, and depositions.

Q: What are the three ways magistrate judges may have more involvement in
civil cases, beyond inherent authority?

Civil cases are commonly referred to magistrate judges in two ways, called "A" and "B"
referrals, under 28
U.S.C. § 636 (b)(1)(A) and (B). (See also DUCivR 72-2(b) and
(c).) Under an A referral, a magistrate judge may issue
orders on all non-dispositive motions, but under a B referral, the magistrate
judge conducts all proceedings, issuing orders on all non-dispositive matters
and giving the district judge a report and recommendation as to final disposition.
The district judge may accept, reject, or modify the report and recommendation,
and may remand the case to the magistrate judge for further action. The statute
treats the following motions as "dispositive":

for injunctive relief, for judgment on the pleadings, for summary
judgment, to dismiss or quash an indictment or information made by the defendant,
to suppress evidence in a criminal case, to dismiss or to permit maintenance
of a class action, to dismiss for failure to state a claim upon which relief
can be granted, and to involuntarily dismiss an action.

In addition, if all parties consent
in writing to magistrate judge jurisdiction under 28
U.S.C. § 636 (c) the
magistrate judge "may conduct any or all proceedings in a jury or nonjury
civil matter and order the entry of judgment in the case . .
."